Chandra Bhushan Bajpai, J.

By this judgment, Cri. Appeal No. 775/2001 and Cri. Appeal No. 801/2001 are being disposed of jointly.

2. Accused No. 4 Mukesh Sharma has preferred Cri. Appeal No. 775/2001 along with other appellants and subsequently he has also preferred Cri. A. No. 801/2001. In these circumstances, Cri. A. No. 801/2001 filed subsequently by appellant Mukesh Sharma is dismissed being unnecessary.

3. These appeals arising out of the judgment of conviction and order of sentence dated 7-8-2001 passed by the 5th Additional Sessions Judge, Bilaspur in Sessions Trial No. 352/ 1999 convicting and sentencing all the seven appellants as under :-

Section IPC	Sentence RI for	Fine Rs.	Sentence in default of payment of fine additional RI for
147	6 months	200/-	1 month
148	1 year	500/-	1 month
450/149	5 years	1,000/-	1 month
323/149	6 months	300/-	1 month
302/149	Imprisonment for life	5,000/-	1 month

All the substantive jail sentences are directed to run separately.

The trial Court acquitted all the above appellants of the offence under Sections 325/ 149 and 326/149 of the Indian Penal Code for voluntarily causing grievous injuries to Ravi Prakash and Gokaran after forming unlawful assembly in prosecution of common object and also for the charges of voluntarily causing grievous injuries to Ravi Prakash and Gokaran after forming unlawful assembly armed with deadly weapon in prosecution of common object of the said assembly. The trial Court also acquitted co-accused Riyaz alias Azaz alias Kallu and Habbu alias Habib Miyan of the charges under Sections, 147, 148, 450/ 149, 302/149, 326/149, 325/149 and Section 323/149, IPC. During the said trial, co-accused Amir, Amin, Pappu alias Pawan and Roshan were absconding. By the said judgment, these 4 accused persons were not tried. Subsequently, in the said sessions case No. 352/99, absconded accused Amir, Amin and Roshan were tried for the charges under Sections 147, 148, 323/149, 450/149, 325/149, 326/149, 302/149 and vide judgment and order dated 17-3-2004, above three absconded co-accused were acquitted of all the charges framed against them. Against the said judgment of acquittal of above three accused persons, the State has not preferred any acquittal appeal before this Court. Hence acquittal of above three accused persons attains finality. Co-accused Pappu alias Pawan is still absconding.

4. During pendency of Cri. A. No. 775/2001, appellant No. 3 Sikandar Mohammad died, therefore, his appeal stood abated vide order dated 12-5-2009.

5. Brief facts of the case are that on 23-4-1999 at about 9.45 p.m., P.W. 11 Narad r/o village Mangla Dhuripara lodged an FIR Ex. P-21 against 12 accused persons (except acquitted co-accused Habbu alias Habib Miyan). The Civil Lines Police registered Cri. No. 207/99 against all the 12 accused persons under Sections 147, 148, 149, 452, 323, 307 of the IPC. In the said report, P.W. 11 Narad stated that when P.W. 1 Ravi Prakash alias Gudda was returning to his residence after supplying milk to one Rajjo Bani, then he along with P.W. 13 Gokaran asked him to take a bath in his badi (kitchen garden). Thereafter all the three reached to the house of P.W.1 Ravi Prakash. They saw all the accused persons, Juganoo, Anis, Sikandar, Salim, Azaz, Amir, Amin, Vijay, Roshan, Pappu, Durga, Mukesh etc. armed with club, hockey stick, sword assaulting younger brother of P.W. 1 Ravi Prakash namely Om Prakash. They also encircled the house. When all the accused persons saw them coming, they chased them and assaulted. When this witness sustained injuries on head and left hand, he ran away and thereafter all those accused persons with intention to kill Ravi Prakash, Om Prakash and Gokaran assaulted them with deadly weapon over their head, abdomen, neck, hand and leg. They also unauthorisedly entered into the house of Ravi Pr